Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.
Bharatiya Nagarik Suraksha Sanhita
Section 108
Magistrate may direct search in his presence
Englishहिंदी
⚡ Quick Answer Reference: Section 108 BNSS
- Provision: Section 108 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: A Magistrate can order a search of any place in their presence, as long as they have the authority to issue a search warrant for that place.
Statutory Content
What does Section 108 of BNSS say?
Indian StandardSection 108, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 108 (India)
Court Pleading StandardSection 108 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/108
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 108 of BNSS mean?
Plain English Explanation
A Magistrate can order a search of any place in their presence, as long as they have the authority to issue a search warrant for that place.
Practical Interpretation
In practice, this section allows a Magistrate to oversee a search, ensuring it is conducted legally and respectfully, by being present during the search process.
Core Legal Purpose
The core purpose is to provide a legal framework for Magistrates to direct and supervise searches, maintaining the balance between investigative needs and individual rights.
Key Legal Elements
- •The Magistrate must have the competence to issue a search-warrant for the place in question.
- •The search must be conducted in the presence of the Magistrate.
- •The key legal test is the Magistrate's authority to issue a search-warrant for the specific place.
- •There is no explicit exception or limitation mentioned in this section, but it implies that the Magistrate's authority and the legality of the search-warrant are crucial.
Practical Example
Practical Example of Section 108 BNSS
For instance, if Magistrate Rajesh has reason to believe that evidence of a crime is hidden in a warehouse, and he has the authority to issue a search-warrant for that warehouse, he can direct a search to be made in his presence. This ensures that the search is conducted fairly and legally, with Rajesh overseeing the process to protect the rights of the warehouse owner, Priya, while also allowing the investigation to proceed.
Common Questions (FAQ)
Frequently Asked Questions about Section 108 BNSS
Q: What is the punishment or consequence under Section 108 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to any place for which a Magistrate is competent to issue a search-warrant, without specifying whether the place belongs to a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural power of a Magistrate, thus it is neither bailable nor cognizable in the context of criminal proceedings.
People Also Ask (PAA)
Common Questions about Section 108 BNSS
What is Section 108 of BNSS?
Section 108 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Magistrate may direct search in his presence". In plain terms: A Magistrate can order a search of any place in their presence, as long as they have the authority to issue a search warrant for that place.
What is the punishment under Section 108 of BNSS?
Section 108 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 108 of BNSS bailable or non-bailable?
Whether Section 108 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 108 of BNSS?
The essential elements of Section 108 of BNSS are: The Magistrate must have the competence to issue a search-warrant for the place in question.; The search must be conducted in the presence of the Magistrate.; The key legal test is the Magistrate's authority to issue a search-warrant for the specific place..
Landmark Case Laws
Landmark Judgments under Section 108 BNSS
Patnahcucisdb94 High Court (10 8)
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